Amendment No. 3 (Duty Reassessment)
Pursuant to section 14 of the Dumping and Countervailing Duties Act 1988 ("the Act"), the Minister of Commerce, having carried out a reassessment of anti-dumping duty in respect of imports into New Zealand of canned peaches from South Africa and having determined a new amount of anti-dumping duty applicable to those goods, gives the following notice.
N o t i c e
1. Title and commencement-(1) This notice may be cited as the "Final Determination: Dumping Investigation in Respect of Canned Peaches from South Africa, Amendment No. 3", and shall be read together with and deemed part of the notice entitled "Final Determination of Dumping Investigation: Canned Peaches from South Africa" dated 2 August 1996 and published in the New Zealand Gazette, 8 August 1996, No. 82, page 2176 (hereinafter referred to as the principal notice).
(2) Pursuant to section 14 (6) of the Act, the reassessed anti-dumping duty, set out in the Second Schedule to this notice, shall apply to imports of the goods specified in the First Schedule to the principal notice with effect from 30 July 2001, being the date of the initiation of the review that preceded the duty reassessment. In accordance with section 14 (10) of the Act, Customs is required to refund the difference between the duty paid and any lower duty specified in the Second Schedule to this notice. Where there is a difference between the duty paid and any higher duty specified in the Second Schedule, there will be no liability for the payment of this difference.
2. Amendment to anti-dumping duty applicable-The principal notice (as amended by the notice in the New Zealand Gazette, 19 March 1998, No. 42, page 970, entitled "Final Determination of Dumping Investigation: Canned Peaches from South Africa, Amendment No. 2, Duty Reassessment") is hereby amended by omitting the First and Second Schedules and substituting the Schedules to this notice.
Schedules
First Schedule
Goods Subject to Determination
Country of Origin
South Africa
Description of Goods
"Canned peaches (halves, slices and pieces) packed in various concentrations of sugar syrup and in can sizes ranging from
110 grams to 3 kilograms (A10)".
The goods are currently classified under Tariff Item and Statistical Key 2008.70.09.00L of the Tariff of New Zealand, which classification is provided for convenience and Customs purposes only, the written description being dispositive.
Second Schedule
Amount of Anti-Dumping Duty
The amount of anti-dumping duty to be paid on demand in respect of each importation of canned peaches imported into
New Zealand from South Africa shall be:
A. For subject goods imported by Brooke Holdings Limited (Brooke Holdings) from Langeberg Foods Limited/Tiger Brands Group (Langeberg), for each can size and grade of canned peaches for which either a Non-Injurious Free on Board or Normal Value (Value For Duty Equivalent) amount has been established (as set out in the table below), the amount by which the Non-Injurious Free On Board amount or Normal Value (Value For Duty Equivalent) amount exceeds the
New Zealand Value For Duty of the goods when entered for home consumption.
Where exchange rate movements cause the Non-Injurious Free on Board amount to exceed the Normal Value (Value For Duty Equivalent) amount (which is set at the full margin of dumping), the duty shall be based on the Normal Value (Value For Duty Equivalent) amount using the Alternative Rates.
B. For subject goods imported by all importers (other than Brooke Holdings) from Langeberg, for each can size and grade of canned peaches for which a Normal Value (Value For Duty Equivalent) amount has been established (as set out in the table below), the amount by which the Normal Value (Value For Duty Equivalent) amount exceeds the New Zealand Value For Duty of the goods when entered for home consumption.
C. For subject goods imported by all importers (including Brooke Holdings) from suppliers other than Langeberg, for each can size and grade of canned peaches for which a Normal Value (Value For Duty Equivalent) amount has been established (as set out in the table below), the amount by which the Normal Value (Value For Duty Equivalent) amount exceeds the New Zealand Value For Duty of the goods when entered for home consumption.
In the case of can sizes that are subject goods but for which separate rates have not been established in the table below, the rate of duty that shall apply shall be based on the estimated Non-Injurious Free On Board amount or estimated Normal Value (Value for Duty Equivalent) amount which will be calculated by reference to the proportion of net weight that it represents when compared to the amount established for a can of the closest size.
Established can sizes and Normal Value (Value for Duty Equivalent) or Non-Injurious Free-on-Board rates.
All non-confidential values published in this notice are in South African rand.
Description Imports by Brooke Holdings Limited from Langeberg/Tiger Brands Group Imports by all other Importers from Langeberg/Tiger Brands Group Imports from Other Suppliers
All product styles Choice Grade
(per kg) Sub Standard
(per kg) Choice Grade
(per kg) Sub Standard
(per kg) Choice Grade
(per kg) Sub Standard
(per kg)
410g * * 8.63 6.75 8.63 6.75
825g * 5.55 7.09 5.55 7.09 5.55
3kg * 5.52 7.01 5.52 7.01 5.52
AlternativeRates**
410g 8.63 6.75
825g 7.09 5.55
3kg 7.01 5.52
* Non-Injurious Free On Board amounts in NZ dollars, which have been kept confidential to protect pricing and costing information provided by interested parties.
** Where exchange rate movements result in a NV(VFDE) amount (when converted to New Zealand dollars) which is less than the NIFOB amount, the lower NV(VFDE) rate shall be used to calculate the duty.
Dated at Wellington this 28th day of June 2002.
PAUL SWAIN, Minister of Commerce.
Invitation
A copy of the non-confidential version of the Reassessment Report which contains details of the reassessment and the conclusions reached, is available from the Manager, Trade Remedies Group, Ministry of Economic Development, P.O. Box 1473, Wellington.